Dupre v. Colvin, No. 7:2013cv01367 - Document 15 (N.D.N.Y 2015)

Court Description: DECISION AND ORDER: adopting the # 14 Report and Recommendation of Magistrate Judge Therese Wiley Dancks. It is ORDERED that this case be remanded to the Commissioner for further proceedings consistent with the Magistrate Judge's Report-Recommendation. Signed by Senior Judge Thomas J. McAvoy on 3/25/2015. (mc)
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Dupre v. Colvin Doc. 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ALFRED T. DUPRE, Plaintiff, v. 7:13-CV-1367 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendants. THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER This action, brought pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) for a review of the final determination of the Commissioner of Social Security, was referred by this Court to the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). In the Report-Recommendation, Magistrate Judge Dancks recommends that the case be remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. No objections to the Report-Recommendation dated February 25, 2015 have been filed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein. For the foregoing reasons, the Court ADOPTS the Report and Recommendation, 1 Dockets.Justia.com dkt. # 14, and ORDERS that the case be remanded to the Commissioner for proceedings consistent with the Magistrate Judge’s Report-Recommendation. IT IS SO ORDERED. Dated:March 25, 2015 2